Technically there is no real answer to this, atm they can't detect it but its possible to do so if they decided to add that function. If sony is able to update the blu-ray drive and add additional check points JUST with a firmware update than you can bet Nintendo is capable of doing the same.

In theory, yes. If you have a connection to the internet, they could certainly pull some stats from your system, and blacklist it on their end. Or silently push something over to your system. Has this happened as of yet? No. But that's not to say it couldn't.

In theory, yes. If you have a connection to the internet, they could certainly pull some stats from your system, and blacklist it on their end. Or silently push something over to your system. Has this happened as of yet? No. But that's not to say it couldn't.

Sure it can. It would be super shady of them to do so, and they'd probably have a PR nightmare on their hands (and quite possibly a lawsuit or two) but they certainly CAN push an update if they want to.